CSMS# 19-000091 - AD/CVD Investigations: Certain Fabricated Structural Steel from Canada, Mexico, and PRC
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Trade Policy Updates
On February 25, 2019, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty investigations on “Certain Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China (China)” (Initiation Notices). These investigations have been assigned the following case numbers: A-122-864 and C-122-865 (Canada); A-201-850 and C-201-851 (Mexico); and A-570-102 and C-570-103 (China).
The Scope of Merchandise covered by these investigations reads as follows:
The merchandise covered by these investigations is carbon and alloy fabricated structural steel. Fabricated structural steel is made from steel in which: (1) iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is two percent or less by weight. Fabricated structural steel products are steel products that have been fabricated for erection or assembly into structures, including, but not limited to, buildings (commercial, office, institutional, and multi-family residential); industrial and utility projects; parking decks; arenas and convention centers; medical facilities; and ports, transportation and infrastructure facilities. Fabricated structural steel is manufactured from carbon and alloy (including stainless) steel products such as angles, columns, beams, girders, plates, flange shapes (including manufactured structural shapes utilizing welded plates as a substitute for rolled wide flange sections), channels, hollow structural section (HSS) shapes, base plates, and plate-work components. Fabrication includes, but is not limited to cutting, drilling, welding, joining, bolting, bending, punching, pressure fitting, molding, grooving, adhesion, beveling, and riveting and may include items such as fasteners, nuts, bolts, rivets, screws, hinges, or joints.
The inclusion, attachment, joining, or assembly of non-steel components with fabricated structural steel does not remove the fabricated structural steel from the scope.
Fabricated structural steel is covered by the scope of the investigations regardless of whether it is
painted, varnished, or coated with plastics or other metallic or non-metallic substances and
regardless of whether it is assembled or partially assembled, such as into modules, modularized
construction units, or sub-assemblies of fabricated structural steel.
Subject merchandise includes fabricated structural steel that has been assembled or further
processed in the subject country or a third country, including but not limited to painting,
varnishing, trimming, cutting, drilling, welding, joining, bolting, punching, bending, beveling,
riveting, galvanizing, coating, and/or slitting or any other processing that would not otherwise
remove the merchandise from the scope of the investigations if performed in the country of
manufacture of the fabricated structural steel.
Specifically excluded from the scope of these investigations are:
1. Fabricated steel concrete reinforcing bar (rebar) if: (i) it is a unitary piece of fabricated rebar, not joined, welded, or otherwise connected with any other steel product or part; or (ii) it is joined, welded, or otherwise connected only to other rebar.
2. Fabricated structural steel for bridges and bridge sections that meets American Association of State and Highway and Transportation Officials (AASHTO) bridge construction requirements or any state or local derivatives of the AASHTO bridge construction requirements.
3. Pre-engineered metal building systems, which are defined as complete metal buildings that integrate steel framing, roofing and walls to form one, pre-engineered building system, that meet Metal Building Manufacturers Association guide specifications. Pre-engineered metal building systems are typically limited in height to no more than 60 feet or two stories.
4. Steel roof and floor decking systems that meet Steel Deck Institute standards.
5. Open web steel bar joists and joist girders that meet Steel Joist Institute specifications.
The products subject to the investigations are currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under subheadings: 7308.90.3000, 7308.90.6000, and
7308.90.9590.
The products subject to the investigations may also enter under the following HTSUS subheadings: 7216.91.0010, 7216.91.0090, 7216.99.0010, 7216.99.0090, 7222.40.6000, 7228.70.6000, 7301.10.0000, 7301.20.1000, 7301.20.5000, 7308.40.0000, 7308.90.9530, and 9406.90.0030.
The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive.
Requirements For Submitting Comments On The Scope Of The Investigations: Please be sure to comply with all three requirements established below.
Deadline for Submitting Comments:
As announced in the Initiation Notices, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on March 18, 2019, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on March 28, 2019, which is 10 calendar days after the initial comments deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations identified above.
Required Entry of Appearance:
Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.
All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.
For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:
ACCESS: Help Link
https://access.trade.gov/help.aspx
ACCESS: External User Guide https://access.trade.gov/help/ACCESS%20User%20Guide.pdf
ACCESS: Handbook on Electronic Filing Procedures
https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf
Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf
Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)
http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf
Enforcement and Compliance: General Filing Requirements http://enforcement.trade.gov/filing/index.html
Required Certifications:
Please note that the following certification requirements are in effect for company / government officials as well as their representatives. In all segments of antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, parties submitting factual information must use the formats for the certifications provided at the end of the Final Rule. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). See also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
For Further Information Contact:
AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230:
David Goldberger at (202) 482-4136 (Antidumping Duty Investigation from Canada);
Whitley Herndon at (202) 482-6274 (Countervailing Duty Investigation from Canada);
Alice Maldonado at (202) 482-4682 (Antidumping Duty Investigation from China);
Darla Brown at (202) 482-1791 (Countervailing Duty Investigation from China);
Jeffrey Pedersen at (202) 482-2769 (Antidumping Duty Investigation from Mexico); and
Thomas Martin at (202) 482-3936 or Trisha Tran at (202) 482-4852 (Countervailing Duty Investigation from Mexico).
On February 25, 2019, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty investigations on “Certain Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China (China)” (Initiation Notices). These investigations have been assigned the following case numbers: A-122-864 and C-122-865 (Canada); A-201-850 and C-201-851 (Mexico); and A-570-102 and C-570-103 (China).
The Scope of Merchandise covered by these investigations reads as follows:
The merchandise covered by these investigations is carbon and alloy fabricated structural steel. Fabricated structural steel is made from steel in which: (1) iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is two percent or less by weight. Fabricated structural steel products are steel products that have been fabricated for erection or assembly into structures, including, but not limited to, buildings (commercial, office, institutional, and multi-family residential); industrial and utility projects; parking decks; arenas and convention centers; medical facilities; and ports, transportation and infrastructure facilities. Fabricated structural steel is manufactured from carbon and alloy (including stainless) steel products such as angles, columns, beams, girders, plates, flange shapes (including manufactured structural shapes utilizing welded plates as a substitute for rolled wide flange sections), channels, hollow structural section (HSS) shapes, base plates, and plate-work components. Fabrication includes, but is not limited to cutting, drilling, welding, joining, bolting, bending, punching, pressure fitting, molding, grooving, adhesion, beveling, and riveting and may include items such as fasteners, nuts, bolts, rivets, screws, hinges, or joints.
The inclusion, attachment, joining, or assembly of non-steel components with fabricated structural steel does not remove the fabricated structural steel from the scope.
Fabricated structural steel is covered by the scope of the investigations regardless of whether it is
painted, varnished, or coated with plastics or other metallic or non-metallic substances and
regardless of whether it is assembled or partially assembled, such as into modules, modularized
construction units, or sub-assemblies of fabricated structural steel.
Subject merchandise includes fabricated structural steel that has been assembled or further
processed in the subject country or a third country, including but not limited to painting,
varnishing, trimming, cutting, drilling, welding, joining, bolting, punching, bending, beveling,
riveting, galvanizing, coating, and/or slitting or any other processing that would not otherwise
remove the merchandise from the scope of the investigations if performed in the country of
manufacture of the fabricated structural steel.
Specifically excluded from the scope of these investigations are:
1. Fabricated steel concrete reinforcing bar (rebar) if: (i) it is a unitary piece of fabricated rebar, not joined, welded, or otherwise connected with any other steel product or part; or (ii) it is joined, welded, or otherwise connected only to other rebar.
2. Fabricated structural steel for bridges and bridge sections that meets American Association of State and Highway and Transportation Officials (AASHTO) bridge construction requirements or any state or local derivatives of the AASHTO bridge construction requirements.
3. Pre-engineered metal building systems, which are defined as complete metal buildings that integrate steel framing, roofing and walls to form one, pre-engineered building system, that meet Metal Building Manufacturers Association guide specifications. Pre-engineered metal building systems are typically limited in height to no more than 60 feet or two stories.
4. Steel roof and floor decking systems that meet Steel Deck Institute standards.
5. Open web steel bar joists and joist girders that meet Steel Joist Institute specifications.
The products subject to the investigations are currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under subheadings: 7308.90.3000, 7308.90.6000, and
7308.90.9590.
The products subject to the investigations may also enter under the following HTSUS subheadings: 7216.91.0010, 7216.91.0090, 7216.99.0010, 7216.99.0090, 7222.40.6000, 7228.70.6000, 7301.10.0000, 7301.20.1000, 7301.20.5000, 7308.40.0000, 7308.90.9530, and 9406.90.0030.
The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive.
Requirements For Submitting Comments On The Scope Of The Investigations: Please be sure to comply with all three requirements established below.
Deadline for Submitting Comments:
As announced in the Initiation Notices, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on March 18, 2019, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on March 28, 2019, which is 10 calendar days after the initial comments deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations identified above.
Required Entry of Appearance:
Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.
All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines.
For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:
ACCESS: Help Link
https://access.trade.gov/help.aspx
ACCESS: External User Guide https://access.trade.gov/help/ACCESS%20User%20Guide.pdf
ACCESS: Handbook on Electronic Filing Procedures
https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf
Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf
Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)
http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf
Enforcement and Compliance: General Filing Requirements http://enforcement.trade.gov/filing/index.html
Required Certifications:
Please note that the following certification requirements are in effect for company / government officials as well as their representatives. In all segments of antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, parties submitting factual information must use the formats for the certifications provided at the end of the Final Rule. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). See also the frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
For Further Information Contact:
AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230:
David Goldberger at (202) 482-4136 (Antidumping Duty Investigation from Canada);
Whitley Herndon at (202) 482-6274 (Countervailing Duty Investigation from Canada);
Alice Maldonado at (202) 482-4682 (Antidumping Duty Investigation from China);
Darla Brown at (202) 482-1791 (Countervailing Duty Investigation from China);
Jeffrey Pedersen at (202) 482-2769 (Antidumping Duty Investigation from Mexico); and
Thomas Martin at (202) 482-3936 or Trisha Tran at (202) 482-4852 (Countervailing Duty Investigation from Mexico).
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